Dáil Éireann Debate, Thursday - 3 October 2013
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all outstanding documentation required for consideration of the case has been received in his Department in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [41749/13]
View answerThe position in the State of the person concerned is as set out in my detailed Reply to the Deputy's earlier Question, PQ No. 1056 of Wednesday, 18th September, 2013 - copied beneath. I can, however, confirm that the person concerned has, in recent weeks, provided further documentation. The Deputy can be assured that this documentation, together with all other information and documentation on file, will be fully considered in advance of a final decision being made.
The person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31st October, 2000, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. While written representations were submitted by and on behalf of the person concerned, no final decision was made in the case at that time.
Given that there was no further contact from or on behalf of the person concerned for some considerable time, it was taken that he had left the State and, as such, no further consideration was given to his case file. However, his case file was re-activated in May, 2008 when correspondence was received from his then legal representative indicating that further representations would be submitted. No further representations were submitted at that time. However, in June 2013, the legal representative of the person concerned made contact with this Department and, as a result, his case file has been re-activated.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
